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B-198399 1 (1981-04-06)

handle is hein.gao/gaobadjha0001 and id is 1 raw text is: DECISION / FILE: B-198399 MATTER OF: L a( DIGEST: OL~LER cP /- THE COMPTROL ENERAL * OF THE UNITED STATES SWASHINGTON, 0.0. 20548 DATE: April 6, 1981 awrence H. Weintrob - ECaim for dditional per diem allowanc9 Employee claims additional per diem allowance based on fact that when he left for temporary duty in Germany, in August 1979, per diem rate for Heidelberg was $68. However, September 1979, change in Joint Travel Regulations, reducing the per diem rate for Heidelberg, to $48 effective as of June 1, 1979, was based on State Department regulations, issued in June 1979, which made the $48 per diem rate effective as of June 1, 1979. Em- ployee's ignorance of changed rates is irrelevant since amendatory regulation changing the per diem rates has the force and effect of law. Mr. Lawrence H. Weintrob has appealed our Claims Division denial of April 30, 1980 (Z-2587483), of his claim for additional per diem expenses. Mr. Weintrob is an employee of the Defense Logistics Agency (DLA) of the Department of Defense. He took an official trip to Germany visiting several cities in August and September of 1979. His authorization for the trip, dated August 8, 1979, indicated that he was to receive the per diem as authorized by the Joint Travel Regulations, Volume II (2 JTR). (2 JTR covers Department of Defense Civilian Personnel.) He left for Germany on August 28. At that time the per diem rate for Heidelberg published in 2 JTR was $68. However, on September 1, 1979, the Per Diem, Travel and Transportation Allowance Committee (Committee) issued Change 167 to 2 JTR, which stipulated, as of June 1, 1979, a per diem rate of $48 for Heidel- berg. Mr. Weintrob visited Heidelberg on September 3 and returned there for several more days during his trip. Mr. Weintrob has since been informed that he would be paid the per diem rate of $48 for the time spent in Heidelberg. He believes the applicable

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